Ga. Comp. R. & Regs. R. 120-3-23-.15 - Cease and Desist Order Against Violators; Order Requiring Compliance; Suspension or Revocation of Licenses and Permits for Failure to Comply with Order; Penalties for Violations

(1) Whenever the Commissioner shall have reason to believe that any individual is or has been engaged in any conduct in violation of any provision of Chapter 12 of Title 25 of the Official Code of Georgia, this Chapter or any other rule or regulation adopted and promulgated pursuant thereto, the Commissioner, his or her deputy, his or her assistant, or other designated persons may issue and deliver to the individual an order to cease and desist in such conduct in violation.

(a) An order of suspension shall state the period of time of such suspension, which period may not be in excess of two year from the date of such order.

(b) An order of revocation shall state the period of time of such revocation, which period may not be in excess of five years from the date of the order.

(c) Such order shall effect suspension or revocation of the license or permit then held by the person. During such period no license or permit shall be issued to such person.

(2) Any order shall contain or be accompanied by a notice of opportunity for hearing which may provide that a hearing will be held if and only if a person subject to the order requests a hearing within ten days of receipt of the order and notice. The order and notice shall be served by delivery by the Commissioner or his or her agent or by registered or certified mail, return receipt requested. Any person who fails to comply with any order under this subsection is guilty of a misdemeanor and may be punished by law.

(3) Violation of any provision of this chapter or the failure to comply with a cease and desist order is cause for denial, non-renewal, revocation or suspension of any license or permit issued by the Commissioner. No holder of a license or permit whose license or permit has been revoked or suspended by order of the Commissioner shall be entitled to obtain another license or permit for the period of revocation or suspension from the effective date of such order. If, during the period between the beginning of proceedings and the entry of an order of suspension or revocation by the Commissioner, a new license or permit has been issued to the person so charged, the order of the Commissioner revoking or suspending a license or permit shall revoke or suspend any license or permit issued prior to the effective date of such order with respect to such new license or permit held by such person. Any final order issued by the Commissioner under this subsection may be appealed as provided by law.

(4) Any person who violates any provision of Chapter 12 of Title 25 of the Official Code of Georgia, this Chapter or any other rule, regulation, or order issued by the Commissioner under this chapter shall be subject to a civil penalty imposed by the Commissioner in the amounts as specified in O.C.G.A. § 25-12-18 for each day a violation persists after such person is notified of the Commissioner's intent to impose such penalty and the right to a hearing with respect to same.

Notes

Ga. Comp. R. & Regs. R. 120-3-23-.15

O.C.G.A. Secs. 25-12-15, 25-12-17 to 25-12-19, 33-2-9, 50-13-21.

Original Rule entitled "Cease and Desist Order Against Violators; Order Requiring Compliance; Suspension or Revocation of Licenses and Permits for Failure to Comply with Order; Penalties for Violations"adopted. F. Oct. 11, 2007; eff. Oct. 31, 2007.